Citation Nr: 18140869 Decision Date: 10/09/18 Archive Date: 10/09/18 DOCKET NO. 09-42 312 DATE: October 9, 2018 ORDER Prior to October 14, 2016, a 70 percent rating for posttraumatic stress disorder (PTSD) is granted. From October 14, 2016, a 100 percent rating for PTSD is granted. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disability is granted. FINDINGS OF FACT 1. Prior to October 14, 2016, the Veteran’s VA and private examinations note that he has been married twice and has one son with whom he does not keep in touch; the Veteran also did not keep in touch with his sister while she was alive. He attributed his marriage of 40 years to his wife’s patience and her own counseling that allowed her to better understand the Veteran’s PTSD symptoms, but noted that she was affected by his behavior, including frequent quarrels, verbal aggression, and harsh behavior. He reported becoming easily aggressive. He was found to have difficulty relating to others, with irritability, poor tolerance, and aggressive reactions. He stayed by himself and was mostly inactive, reporting symptoms of intrusive thoughts, avoidant behavior, insomnia, poor anger management, hypervigilance and poor self-concept. See June 2007, March 2009, June 2011, and September 2015 VA PTSD examinations; see also March 2009 and March 2015 private examination reports. The overall disability picture prior to October 14, 2016, shows that the Veteran’s PTSD causes occupational and social impairment with deficiencies in most areas, such as work, family relationships, judgement, thinking, and mood. 2. While the evidence shows significant and serious impairment as outlined above, the preponderance of the evidence is against finding that these symptoms caused the kind of gross impairment contemplated by a 100 percent rating prior to October 14, 2016, as there is no lay or medical evidence suggesting total social and occupational impairment such as grossly impaired thought processes, delusions, persistent hallucinations, grossly inappropriate behavior, persistent danger of hurting self or others, the inability to perform activities of daily living, disorientation, or impaired memory regarding basic information such as the names of relatives, or any symptoms of comparable type and severity, or otherwise indicating total impairment. 3. From October 14, 2016, the medical and lay evidence shows that the Veteran’s PTSD causes total social and occupational impairment, warranting a 100 percent rating. The Veteran’s record shows that he was hospitalized from October 14 to October 26, 2016, for treatment of his PTSD and major depression. During the hospitalization, the Veteran reported commanding hallucinations and delusions, rapid mood swings, hopelessness, anxiety levels that impede effective functioning, affected family and employment functioning, and alteration in physical functioning. See October 2016 private treatment records. Accordingly, the Board finds that a 100 percent rating is warranted from October 14, 2016. 4. The medical and lay evidence shows that, by virtue of his service-connected disabilities, the Veteran is precluded from maintaining regular substantially gainful employment. See March 2009 VA PTSD examination (Veteran is unable to resume any work due to his emotional disorder; he is unable to sustain a routine, forgets instructions, has no drive, and has no motivation to do tasks); February 2011 private report (Veteran has been unable to resume any work; his social functioning is poor, he avoid social relations and activities, and he has no plans for the future. He is “totally unemployable.”); March 2011 VA treatment (Veteran reported that even while working for several years as a policeman, he was constantly anxious with intrusive thoughts about Vietnam); and March 2015 report (Veteran’s PTSD diagnosis precludes him from securing and following substantially gainful employment). In addition, he meets the criteria for a schedular TDIU rating. CONCLUSIONS OF LAW 1. Prior to October 14, 2016, the criteria for a 70 percent disability rating, but no higher, for PTSD have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.3, 4.7, 4.130, Diagnostic Code (Code) 9411; see also Bankhead v. Shulkin, 29 Vet. App. 10 (2017). 2. From October 14, 2016, the criteria for a 100 percent disability rating for PTSD have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.3, 4.7, 4.130, Code 9411; see also Bankhead, 29 Vet. App. at 10. 3. A schedular TDIU rating is warranted. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.340, 3.341, 4.16. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The appellant is a Veteran who served on active duty from October 1964 to September 1966. These matters are before the Board of Veterans’ Appeals (Board) on appeal from March 2009 and July 2011 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). In July 2013, these matters were remanded for additional development (by a Veterans Law Judge other than the undersigned). In August 2017, the Board denied the Veteran’s increased rating claim and claim for TDIU. The Veteran appealed this decision to the United States Court of Appeals for Veterans Claims (Court). A February 2018 Court Order granted the Joint Motion for Remand (JMR) regarding the August 2017 denial and remanded the claims to the Board for compliance with the directives specified by the JMR. The case is now before the undersigned VLJ. For the reasons outlined above, a staged rating for PTSD of 70 percent prior to October 14, 2016, and 100 percent from that date, is granted. A schedular TDIU is also granted. VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Matta, Counsel